89 Federal Judicial Districts

OUR FEDERAL COURT SYSTEM

89 Federal judicial districts- there is one in Charlotte Cases heard in District court usually have one judge District courts have original jurisdiction District courts are the federal trial courts handling more than 300,00 cases a year District courts handle more than 80% of the court caseload

12 Courts of Appeals- the one closest to Charlotte is in Richmond Cases heard have a panel of judges Courts of Appeal only have appellate jurisdiction Courts of Appeal hear cases from the lower courts on appeal Courts of Appeal handle more than 55,000 cases a year

SUPREME COURT  8 Associate Justices + one Chief Justice= 9 total  President appoints and Senate approves  Serves a life term during “good behavior”  No qualifications for justices in the Constitution- most are lawyers/law school professors President Taft was the only Chief Justice who was also President

YEARLY TERM October – July “sitting”

JOB OF THE SUPREME COURT:  Original/exclusive Jurisdiction: all controversies involving 2 or more states all cases brought against ambassadors or other public ministers  Judicial Review: power to decide the constitutionality of a government action Marbury v. Madison 1803 affirmed the Supreme Court’s power to declare laws unconstitutional; affirmed that the Const is the supreme law of the land

CAN THE SUPREME COURT HAVE TOO MUCH POWER ? How can the Supreme Court be checked? 1. by Constitutional Amendment 2. by Congress if they pass a law to get around the one declared unconstitutional 3. by the executive branch if the President does not enforce the law

WHAT TYPES OF CASES DOES THE SUPREME COURT HEAR? 1. Cases that involve significant legal or Constitutional issues often from the Bill of Rights 2. Cases that are of great public interest or concern 3. REAL disputes between 2 adversaries (opponents) 4. Legal questions- not political 5. Important to the entire country rather than to groups or individual

HOW DOES A CASE REACH THE SUPREME COURT? 1. Original jurisdiction- the court has to take the case 2. writ of certiorari- (to make more certain) a request that lower court sends records to the Supreme Court or review- especially if a lower court error is in question (Gideon v. Wainwright, 1963- the writ was hand written)

‘RULE OF FOUR’- 4 justices must vote to accept a case in order for the Supreme Court to accept it HOW IS A CASE DECIDED? briefs- detailed statements to support one side of a case- are filed by both sides before the case begins special briefs – amicus curiae (friends of the court) may be filed by people/groups who have a substantial interest in the outcome

Presentations are limited to 30 minutes for each side (1 hour per case) [white light warns, red light signals the end –even mid sentence] Oral Arguments before the 9 Justices judges listen, debate, discuss; attorneys offer legal arguments to support their case

NO JURY No defendant

FINAL decisions are made in Chambers- upstairs in a special meeting room in the Supreme Court building -meeting is private -the justices discuss the case among themselves -justices ultimately vote- newest justice first, chief is last -majority rules

RESULTS OF THE CASE get to the public through written statements detailing the decision- Opinions Majority opinion- explains the majority view Concurring –justice agrees for a different reason and writes an opinion Dissenting- justice who disagrees with the majority writes an opinion to explain why WHY IS THE COURT CONTROVERSIAL: 1. Not all decisions are thought to follow the Constitution- it depends on the individual judge and how she/he makes their decisions STRICT VS. LOOSE: STRICT Constructionists- decide cases on the basis of the language of the Constitution they insist that Congress should be able to exercise only its expressed powers and those implied powers absolutely necessary –Thomas Jefferson-“Government is best which governs least” they think the court goes too far in their rulings

LOOSE Constructionists-favor a liberal interpretation of the Constitution and give broad powers to Congress to make laws “necessary and proper”-

2. President’s appointment power by serving a life term the President has power over the composition of the court the people he appoints last much longer than his term in office this allows the President to significantly influence the judicial process

3. Rulings simply can be controversial- Roe v. Wade

OUR ______COURT SYSTEM

89 Federal judicial districts- there is one in Charlotte District courts have ______jurisdiction District courts are the federal trial courts handling more than 300,00 cases a year Cases heard in District court usually have one judge

District courts handle more than ______of the court caseload

12 Courts of Appeals- the one closest to Charlotte is in Richmond

Courts of Appeal only have ______jurisdiction Cases heard have a ______of judges Courts of Appeal hear cases from the ______on appeal Courts of Appeal handle more than 55,000 cases a year

SUPREME COURT  _____ Associate Justices + _____ Chief Justice= ___ total  President ______and Senate ______ Serves a life term during “good behavior”  ______qualifications for justices in the Constitution- most are lawyers/law school professors President Taft was the only Chief Justice who was also President

YEARLY TERM October – July “sitting”

JOB OF THE SUPREME COURT:  ______all controversies involving 2 or more states all cases brought against ambassadors or other public ministers  ______power to decide the constitutionality of a government action

______v. Madison 1803 affirmed the Supreme Court’s power to declare laws unconstitutional; affirmed that the Const is the supreme law of the land CAN THE SUPREME COURT HAVE TOO MUCH POWER ? How can the Supreme Court be checked? 1. by Constitutional Amendment 2. by Congress if they pass a law to get around the one declared unconstitutional 3. by the executive branch if the President does not enforce the law

WHAT TYPES OF CASES DOES THE SUPREME COURT HEAR? 1. Cases that involve significant legal or Constitutional issues often from the Bill of Rights 2. Cases that are of great public interest or concern 3. REAL disputes between 2 adversaries (opponents) 4. Legal questions- not political 5. Important to the entire country rather than to groups or individual

HOW DOES A CASE REACH THE SUPREME COURT? 1. ______jurisdiction- the court has to take the case

2. ______of certiorari- (to make more certain) a request that lower court sends records to the Supreme Court or review- especially if a lower court error is in question (Gideon v. Wainwright, 1963- the writ was hand written) 3. ‘______’- 4 justices must vote to accept a case in order for the Supreme Court to accept it

HOW IS A CASE DECIDED?

______- detailed statements to support one side of a case- are filed by both sides before the case begins special briefs – amicus ______(friends of the court) may be filed by people/groups who have a substantial interest in the outcome

Presentations are limited to ___minutes for each side (1 hour per case) [white light warns, red light signals the end –even mid sentence] Oral Arguments before the 9 Justices judges listen, debate, discuss; attorneys offer legal arguments to support their case

NO ______No ______testifies

FINAL decisions are made in Chambers- upstairs in a special meeting room in the Supreme Court building -meeting is ______-the justices discuss the case among themselves -justices ultimately vote- newest justice first, chief is last -majority rules

RESULTS OF THE CASE get to the public through written statements detailing the decision- Opinions ______opinion- explains the majority view ______opinion explains the majority view using different legal arguments ______opinion - justice who disagrees with the majority writes an opinion to explain why

WHY IS THE COURT CONTROVERSIAL: 1. Not all decisions are thought to follow the Constitution- it depends on the individual judge and how she/he makes their decisions STRICT VS. LOOSE: STRICT Constructionists- decide cases on the basis of the language of the Constitution they insist that Congress should be able to exercise only its expressed powers and those implied powers absolutely necessary –Thomas Jefferson-“Government is best which governs least” they think the court goes too far in their rulings

LOOSE Constructionists-favor a liberal interpretation of the Constitution and give broad powers to Congress to make laws “necessary and proper”-

2. President’s appointment power by serving a life term the President has power over the composition of the court the people he appoints last much longer than his term in office this allows the President to significantly influence the judicial process

3. Rulings simply can be controversial- Roe v. Wade